Why England will win war for Brad Shields over All Blacks

Brad Shields (captain) of the Hurricanes during the round nine Super Rugby match between the Hurricanes and the Chiefs at Westpac Stadium. Photo / Getty Images

England can press ahead in selecting Hurricanes flanker, Brad Shields, for their tour of South Africa in June without fear of losing any legal challenge to New Zealand Rugby after World Rugby sources indicated that regulations governing player release for international duty 'trump all other considerations.'

New Zealand Rugby raised the stakes in a tug-of-war battle over the highly-regarded 27 year old Hurricanes captain by stating that a clause in his franchise contract prevents him from representing other countries.

Shields, who is eligible for England through his parents, could still be playing Super Rugby in August. NZR chief executive, Steve Tew, had upped the ante when inferring that the fine detail of such contracts had never been put properly to the test.

"I don't think you should jump to the conclusion that he (Shields) will be available (for England) from our point of view," Tew told the Herald.

"He has signed to New Zealand and he is contracted to play for New Zealand teams until the end of Super Rugby. We have a New Zealand player who is contracted to be here until the end of that competition and that would be our expectation. Brad has signed a contract that makes him available for New Zealand teams."

However, World Rugby's Regulation 9 governing player release in test windows such as June when all the leading countries are in action has primacy over all other arrangements in all territories around the globe. "That regulation is relevant in this case,' said a source.

Eddie Jones and Piers Francis after England beat Argentina last season. Photo / Getty

The onus will be on the NZR to initiate any legal proceedings were Shields to be called into the England squad due to be announced on May 10 for the three-test tour of South Africa.

Eddie Jones can choose who he wants. There is precedent for England picking a New Zealand-based player in that Blues' Piers Francis, was capped on the tour to Argentina in 2017 prior to his arrival to play for Northampton. Francis, though, had not qualified through residency at that juncture for New Zealand.

The All Blacks and England have gone to battle - long before their test in November. Photos / Photosport

Jones had initial conversations with Shields, whose move to Wasps and defection to England was revealed last year, prior to the signing being announced in November.

England are expected to take an under-strength squad to South Africa with players rested following the exertions of the Lions tour to New Zealand last summer.

Jones will be without back-row forwards, Nathan Hughes and Courtney Lawes, who have been ruled out through injury with Bath centre, Jonathan Joseph, adding to the casualty list on Thursday when his club confirmed that he requires surgery on the ankle damaged against Saracens on Sunday.